The Transport of Materials and Waste from a Transnational Perspective: Balancing Circular Economy Practices and Environmental Protection through Mutual Recognition?

Abstract Since the 1970s, the European Union has actively regulated the use and handling of waste. The main objective of the European legislator on waste was – and still is – to protect the environment and health of human beings from the adverse effects of waste. However, nowadays European policymakers have increasingly focused on transitioning from a linear economy – based on the traditional “take-make-waste” model – to a circular economy. Considering this new circular narrative regarding waste, a balance should be found between the need to protect the environment and the encouragement of circular practices in which waste is undesirable, and efforts should be made to let them (re)circulate within the internal market and the European Union as fast as possible. This article analyses two relevant legal frameworks (Directive 2008/98/ ec and Regulation 2024/1157/EU) to determine whether they incorporate transnational elements that could foster broader adoption of circular economy practices across the EU internal market. Ultimately, the article argues that the core issue in the current legal and circular discourse should center on distinguishing between waste and materials. A mutual recognition scheme could further facilitate circular practices in the European Union while also – in line with the precautionary principle – consider the need to protect the environment and human health.